VirnetX (VHC+1.9%) trades higher after the Texas court handling the company's infringement suit against Apple and Cisco rejects an Apple motion for summary judgment, as well as an Apple/Cisco motion to stay the trial pending an ongoing patent reexamination. A motion to exclude the "expert opinions" of a VirnetX witness was also shot down.

This is one of those situations - if you buy a "ton" you might be kicking yourself and if you DON'T buy a "ton" you could be kicking yourself. I can argue this thing either way but the irony of AAPL having to eat "humble pie" and being on the right side of that "delicious" event is just too dang hard to resist. I am long but I can picture "Dirty Harry" pointing that 44 mag at my face and saying, "You feeling lucky punk?" ..."Ummmm .... Yes sir, Mr. Harry sir ... I do."